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The Advertising Tax Law, which has been in force for a short time, is replacing the publicity tax existing hitherto (varying from province to province) and (see IRIS 1999-5: 5) the announcement tax existing hitherto (varying from one local authority to another!) with an advertising tax that is uniform throughout the Federation. The advertising tax is based, on the one hand, on advertisements inserted and distributed in printed publications, and included in radio broadcasting and, on the other hand, outdoor advertising, insofar as these advertising services are provided within Austria and for remuneration....

The Commission has brought an action against Italy before the European Court of Justice for violation of the obligation to transpose into national legislation Council Directive of 3 October 1989 (89/552/CEE) on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (the so called "Television Without Frontiers Directive"). The action follows a long pre-contentious infringement procedure initiated by letter of 15 January 1996. According to the Commission, Italy is responsible for not...

In its judgement of 23 March 2000 the Tribunal of Rome, sitting in chamber, confirmed the decision reached on 23 December 1999 by the same Tribunal (sitting with a single judge) on a complaint lodged by the public broadcaster RAI against the private competitor RTI for violation of EC and national rules on the transmission of advertising (see IRIS 2000-1: 10). Before the first judge, RAI asked for an injunction ordering the private broadcaster to cease advertising practices considered inconsistent with the above mentioned rules. Again without considering the merits of the complaint, The Tribunal...

A simpler and clearer regulatory approach to sponsor credits is proposed in the Independent Television Commission's (ITC) review of its Sponsorship Code published on the 11th April. The ITC first published a Code of Programme Sponsorship in 1991. This followed the Broadcasting Act 1990, which made reference to sponsorship and provided for sponsored programmes on all ITC licensed services, including ITV and Channel 4. Revised editions of the Code were published in January 1994 and spring 1997. Further changes were made to the current Code (notably the extension of masthead to terrestrial television),...

On 13 April 2000, the 1st Chamber of the Bundesgerichtshof (Federal Supreme Court - BGH) decided that a satirical television programme did not breach copyright or competition law. The object of the satire was a television show in which contestants had to guess the prices of various articles. Whoever was closest to the actual price could win the article concerned. The show was sponsored by the manufacturer of an incontinence medicine, which the presenter helped to advertise in a commercial shown during the TV show. The satirical programme used original clips from the show, including the advertisement...